How to Remove an HOA Board Member in California and Nevada
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Key takeaways
- Owners can remove directors. In both states, members can generally remove a director with or without cause.
- California starts with a meeting. 5 percent or more of the members can call a special meeting, and the vote is by secret ballot.
- Nevada starts with a petition. A petition signed by 10 percent of the voting members, or a lower bylaw figure, triggers a secret ballot.
- Thresholds differ. Nevada needs at least 35 percent of all voting members and a majority of votes cast. California’s rule depends on the size of the association.
- There are other routes. Board vacancy rules, court removal and, in Nevada, a Commission order can also end a term.
When a director ignores owners, mishandles money or treats the board as a personal project, the next election can feel far away. Both California and Nevada let owners remove an HOA board member before the term ends. The process is strict, and a small mistake can void the vote. This guide, part of our series on HOA board fiduciary duties, explains each step in both states.
Can homeowners remove an HOA board member?
In short: Yes. In both states, members can generally remove a director with or without cause.
In California, a director of an incorporated association, which is usually a nonprofit mutual benefit corporation, may be removed without cause by the members (Corporations Code §7222). The vote must be by secret ballot (Civil Code §5100).
In Nevada, owners may remove any board member, with or without cause, except a member appointed by the developer (NRS 116.31036). The declaration and bylaws cannot take this right away.
Before starting, decide whether removal is really the goal. Sometimes a records request or a pointed question at a board meeting solves the problem faster. Our guide to HOA board meeting rules explains your rights at meetings.
How do you remove an HOA board member in California?
In short: 5 percent of members call a special meeting, the association runs a secret ballot, and an independent inspector counts the votes.
This is a simplified overview, and your bylaws may add requirements. 5 percent or more of the members may call a special meeting (Corporations Code §7510). In a common interest development, the meeting must be set 35 to 150 days after the request (Corporations Code §7511). If notice is not given within 20 days, the members who made the request may give it themselves.
Removal votes follow the Davis-Stirling election rules. The association appoints one or three independent inspectors of elections, who cannot be directors, candidates or their relatives (Civil Code §5110). Ballots and two return envelopes must go out at least 30 days before the voting deadline (Civil Code §5115).
The vote needed depends on size. In an association with fewer than 50 members, removal takes a majority of all members. With 50 or more members, it takes the approval of the members, generally a majority of votes cast that is also a majority of the required quorum (Corporations Code §7222). Your bylaws may set a higher threshold.
Two limits apply. If the association uses cumulative voting, a director cannot be removed if the votes against removal would have been enough to elect them, unless the whole board is removed. A director elected by a class of members can be removed only by that class.
How do you remove an HOA board member in Nevada?
In short: A 10 percent petition, a secret ballot, and a vote of at least 35 percent of all voting members that is also a majority of votes cast.
Petition: owners holding at least 10 percent of the total voting members, or a lower percentage in the bylaws, sign a written petition (NRS 116.31036). They submit it to the board or community manager by certified mail, return receipt requested, or by process server. The association may not adopt rules that unreasonably interfere with collecting signatures.
Ballots: the association must send secret ballots, on paper or electronically, not less than 15 and not more than 60 days after it receives the petition. Owners get at least 15 days to return them.
Vote needed: removal requires votes from at least 35 percent of the total voting members, and at least a majority of all votes cast. Both conditions must be met.
Counting: ballots are opened and counted at a meeting held within 15 days after the return deadline and no later than 90 days after the petition was received. No quorum is required. Incumbent board members, including the one facing removal, may not access the ballots or take part in opening or counting them before results are announced.
The board member facing removal may ask in writing for a board meeting. The association must give notice within 5 days, and the meeting must occur before the ballots are counted.
Planning to remove a board member?
Send us your bylaws, the CC&Rs, any election rules, a draft petition or meeting request, and the issues that started the effort. We can tell you in one conversation what your state requires and how to avoid a vote that gets challenged.
Are there other ways a director can leave the board?
In short: Yes, through vacancy rules, a court order or, in Nevada, a Commission order.
Board declares a seat vacant (California): the board may declare a seat vacant in these cases (Corporations Code §7221). A final court order finds the director of unsound mind, or the director has a felony conviction. A seat can also open if the director missed the meetings the bylaws set at election. The board may also vacate a seat if the director stops meeting a bylaw qualification.
Court removal (California): the superior court may remove a director for fraudulent or dishonest acts or gross abuse of authority (Corporations Code §7223). A director may sue, and so may a group of members equal to twice the number of directors or 20 members, whichever is less. The court may bar the person from re-election for a time.
Disqualification (Nevada): certain people may not serve on the board (NRS 116.31034). Examples include someone who lives with or is closely related to another director, or who stands to profit from a board matter.
Commission order (Nevada): after notice and a hearing, the Commission or a hearing panel may remove a board member or officer who knowingly and willfully violated the law (NRS 116.785). Removal must also be in the association’s best interest. See our guide to the Nevada HOA Ombudsman..
How should you run a recall effort?
In short: Stick to documented facts, follow every procedural step, and use your right to equal access.
Build the case with records, not rumors. Request the minutes, budgets and contracts that show the problem. See our guides to the California HOA records request and Nevada HOA records requests.
Keep campaign materials factual and calm. Statements about a director’s honesty can lead to defamation claims if they are not true. If money is the issue, our guide to HOA misuse of funds explains what the records should show.
Equal access rules help too. In California, if anyone uses association media to advocate a position, others must get equal access, plus free common area meeting space (Civil Code §5105). In Nevada, an official publication that mentions a candidate or ballot question must give equal space on request (NRS 116.31035).
What if the board blocks the removal vote?
In short: Object in writing, then use your state’s enforcement process.
Common tactics include ignoring the request, setting a date outside the legal window, or handling ballots improperly. Put each problem in writing and ask for a correction by a specific date.
In California, a member may sue over election violations in superior court, or in small claims court if the amount fits the limit (Civil Code §5145). The court must void the results unless the association proves the violation did not change the outcome. Suit is generally due within one year.
In Nevada, you can file a complaint with the Real Estate Division. If the board retaliates against the owners behind the effort, see our guide to HOA harassment by board members.
When should you talk to a lawyer about how to remove an HOA board member?
In short: Before you circulate a petition or call a meeting, and right away if the board pushes back.
A short review of the bylaws and election rules can prevent a vote that has to be redone. Our board harassment claims team represents owners in these disputes. Boards that want a clean process can see our election administration and governance support services.
Ready to Protect Your Rights?
Whether you are starting a petition or the board is refusing to hold the vote, we can help. We will review the governing documents and your state’s rules, and tell you how to proceed. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Frequently asked questions
Yes, in both states. California allows removal without cause by the members (Corporations Code §7222). Nevada allows removal with or without cause, except for developer appointees (NRS 116.31036).
In Nevada, owners holding at least 10 percent of the total voting members, or a lower bylaw percentage (NRS 116.31036). In California, 5 percent or more of the members can call the special meeting (Corporations Code §7510).
At least 35 percent of the total voting members must vote for removal, and those votes must be a majority of all votes cast (NRS 116.31036). No quorum is required.
Yes. California requires a secret ballot for removal of directors (Civil Code §5100). Nevada requires a secret paper or electronic ballot (NRS 116.31036).
In California, members fill a vacancy created by removal, unless the articles or member-approved bylaws let the board fill it (Corporations Code §7224). In Nevada, the board may fill a vacancy only until the end of the term or the next regular election, whichever comes first (NRS 116.3103).
In California, yes, for fraudulent or dishonest acts or gross abuse of authority (Corporations Code §7223). In Nevada, the Commission may remove a member who knowingly and willfully violated the law (NRS 116.785).
Conclusion
Both states let owners remove an HOA board member, but the path differs. California starts with a special meeting called by 5 percent of members and a secret ballot. Nevada starts with a 10 percent petition and needs at least 35 percent of all voting members plus a majority of votes cast.
Gather the records, follow every step, and keep the campaign factual. For related rights, see our guides to HOA election rules, the Nevada NRS 116 guide and the Davis-Stirling Act guide.
Disclaimer: This article provides general information about Nevada and California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.
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